Employment Equality Act & Disability

1. Employment Equality Act&Disability IASE Oct 2008

2. Disability Ground in Equality Legislation Broadly defined to include total or partial absence of bodily or mental facilities, chronic disease, whether manifest or not, and learning and personality conditions.

3. Employment Equality Act Total 360 Age 24% Race 19% Gender 18% Disability 16% Equality Authority 2007 Casework

4. Facts and Figures • Employment Equality Acts • access, • dismissal • promotion • working conditions

5. A Worker -v- A Company • Epilepsy – controlled by medication • Permanent position – medical exam • Dismissal – work environment posed dangers • No reasonable accommodation • Award = £15,000

6. Significant Award on Accommodation • 14 years in employment • Psychiatric illness in Mar 2002/ Later fit to return to work • Employer – new job description,not deal with clients, work monitored • Employer – not seek advice of medical consultant • Demeaning & stress – resignation • No accommodation, lack of understanding/less than understanding • Dismissal associated with disability = 49,900 euros

7. Complainant -v- A Department Store • Alleged Discrimination – imputation of disability • Applied for a position – not successful • Sought advice from EA • Continued to apply for jobs within Store • Employer would not consider application while claimant making representations to EA • Equality Officer – Victimisation • Exercising rights without victimisation

8. Reasonable Accommodation • Waiter became disorientated – low sugar levels • Prepared to return after food and drink • Told to go home – next day was dismissed • Labour Court Award of €4,000

9. EmploymentEquality Act A Motor Company -v- A Worker • Service Receptionist • Later informed that there were problems with communicating on the telephone • Informed company of hearing aid • Headset provided – no consultation & not the correct type

10. Employment Equality Act • After trial period given notice • Discrimination – - Proper headset not provided - Nominal cost - Reasonable accommodation to include induction training

11. Kavanagh v Aviance UK Ltd • Airport baggage supervisor – sustained elbow injury • After month’s sick leave attended Co. dr • During said visit, claimant’s heart condition discussed (previous cardiac history) • Not cetified to return to work • Disagreement over duties of supervisor and amount of physical exertion • No alternative work offered • Co. priority to reduce nos. – no reasonable accom • Award €125,000

12. GENDER MARITAL STATUS FAMILY STATUS SEXUAL ORIENTATION AGE DISABILITY RACE MEMBERSHIP OF TRAVELLER COMMUNITY RELIGION GROUNDS OF DISCRIMINATION

13. Direct Discrimination • Direct Discrimination occurs if a person is treated less favourably that another person is treated on the basis of membership of any of the nine grounds.

14. Disability - Duty on Employers Appropriate Measures: • The employer shall take appropriate measures where needed in a particular case, to enable a person who has a disability – • To have access to employment • To participate or advance in employment, or • To undergo training Unless the measures would impose a disproportionate burden.

15. Appropriate Measures • Adaptation of premises and equipment • Patterns of working time • Distribution of tasks • Provision of training

16. Reasonable Accommodation &Employment • Person with a disability is considered to be fully competent and capable of performing duties attached to the post………… • If with the provision of special treatment or facilities the employee would be fully competent and capable • Employer’s decision must be reasonable and objective

17. Employment Equality Act 1998 Specific Provisions of Employment Equality Act 1998 • Work - Access, Promotion, Dismissal, Pregnancy • Collective Agreements • Advertising • Employment Agencies • Training • Trade Unions • Professional Associations • Self-employed • Partnerships • Employment in another person’s home

18. Equal Pay • Equal remuneration between persons or a group of persons for ‘like work’ • Like work is defined as the same, similar or work of equal value • Same or associated employer

19. Dispute Individual Employer Trade Union Equality Authority Information Advice Questionnaire/Meeting Resolution Process Legal Challenge

20. Equality Tribunal Equality Mediation Equality Officers Officers Decision Labour Court Circuit Court Awards Pay = 3 years Treatment = 2 years

21. Reasonable Accommodation Steps • Find out about employee and disability • Look at needs • Examine work set-up • Examine tasks to be carried out • Job requirements – objective criteria • Examine what can be done to assist individual achieve full potential

22. Anticipate Need • Accessible premises –ramps,reception,alternative access for hearing impairments,loop system,lifts,signage,etc • Recruitment – positive action,consult PWD re interviews,qualifications (specific),training,special requirements etc

23. Anticipate Need • Flexibility – in order to facilitate carer or PA or for transport reasons, rehab or treatments, redeployment etc • Promotion – apply and avail of training • Assistive Technology – updated • Policies

24. Core Elements Core Elements & Implementation Steps 1. Declare - Organisation Commitment - All employees dignity & respect - Complaints – confidentiality - Disciplinary action 2. Definition and scope 3. Procedures and monitor

25. Core Elements Core Elements & Implementation Steps 4. Trade Union Input & Role 5. Disseminate to all staff - leaflets, statement, training manuals, website, notice boards, contracts 6. Training and support 7. Informal / Formal Resolution

26. Equality & Diversity Training • Change Culture of Organisation • Address knowledge,awareness,skills • Recruitment & selection training • Harassment • Equality legislation • Develop policies • Serving diverse customer base • Sensitivity training • WLB

27. Allocate Responsiblity • Resources • Stimulate support • Monitor • Activities to promote equality • Equality Officer • Equality Committee

28. Employment Equality Review & Action Plan • Entry / Recruitment • Working Conditions • Managing Diversity

29. Benefits • Progressive Employer – attract & retain • Non- discrimination – morale • Productivity • Recruit from broader pool • Better understanding of customers with disabilities

30. Conclusion • Redress through legislation • Policies – employment • Reasonable accommodation or appropriate measures • Engage employees with disabilities • Link with PWD organisations • Secure change in situation & experience of PWD • Secure change in organisations – full equality in practice Future talent pool will be diverse. 1in 5 in the UK working age population will have a disability. Fairness is not just a social good but an economic imperative.

31. Contact Details Equality Authority 2 Clonmel Street Dublin 2 Tel: 01-4173333 Lo Call: 1890-245545 Text Phone: 01-4173385 Fax: 01-4173366 Email: info@equality.ie Website: www.equality.ie